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Article 3 Enforcement Action: Exclusions

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Section 28(1) to (4) of the Act shall not apply in the following circumstances:

(a)

where the enforcement action is required urgently, or in the opinion of the enforcing authority is required urgently, to avoid a significant risk of harm to human health or the environment (including the health of animals or plants) or the financial interests of consumers;

(b)

where the enforcement action is the service of a notice referred to in Article 2(1)(d) or (e);

(c)

where the application of section 28(1) to (4) of the Act would be, or in the opinion of the enforcing authority would be, wholly disproportionate.